ANSWER ALL QUESTIONS IN THIS SECTION
QUESTION 1
differentiate between a detention and a consensual encounter - ANSWERS-In a
consensual encounter a person is free to leave. In a detention a person is not free to
leave. Officers can have a consensual encounter with anyone at any time. Officers
can only detain a person if they have reasonable suspicion that a crime is, has or
will be committed.
QUESTION 2
recognize reasonable suspicion - ANSWERS-"Reasonable suspicion is when a
peace officer has enough facts and circumstances present to make it reasonable to
suspect that criminal activity is occurring and the person detained is connected to
that activity. Factors that contribute to establishing reasonable suspicion are:
- appearance or condition of a person (intoxicated, resemblance to wanted person)
- actions (hiding objects, furtive movements, running from a crime scene)
- driving behaviors
- knowledge of the person's history (criminal record or conduct)
- demeanor (non-responsive, nervous)
- time of day (unuasualness)
END OF
PAGE
1
, RBC 1 STUDY GUIDE LATEST
- location of the stop (near crime scene, known criminal activity in area)
- officer training and experience (modus operandi, expertise in certain area such as
narcotics or gangs)"
QUESTION 3
recognize appropriate peace officer actions during a detention - ANSWERS-"Peace
officers can take certain investigative actions during a detention if they can be
completed within a reasonably limited time.
- questioning the person. The person is not obligated to answer, and not answering
is not PC for an arrest
- contacting other witnesses to confirm explanations, verifying IDs or determining
whether the person is wanted
- checking premises, examining objects or contacting neighbors or other
individuals to determine whether a crime actually occurred
- bringing the victim to the suspect for ID purposes if
* the detainee gives permission
* it is impractical to bring the witness/victim to the detainee
* the conditions of the detention are dangerous to the person or officer
* independent PC exists to arrest the subject"
END OF
PAGE
2
, RBC 1 STUDY GUIDE LATEST
QUESTION 4
recognize the scope and conditions for warrantless searches and seizures during a
detention - ANSWERS-"No searches are permitted during a detention unless peace
officers reasonably suspect that the detained person may be carrying a concealed
weapon or dangerous instrument. In this case, a cursory/pat search is allowed if the
officer can articulate certain facts which caused them to reasonably believe the
person might be carrying a weapon or dangerous instrument:
- person's clothing
- person's actions
- prior knowledge of person for carrying weapons or of violent behavior
- isolated location so officers are unlikely to receive immediate aid if attacked
- time of day
- reason for detention
- a similar cursory/pat search of a detainee's companion revealed a weapon
- ratio of individuals to officers"
QUESTION 5
recognize when there is probable cause to arrest - ANSWERS-Probable cause for
an arrest is a set of facts that would cause a person of ordinary care and prudnce to
entertain an honest and strong belief that the person to be arrested is guilty of a
END OF
PAGE
3
, RBC 1 STUDY GUIDE LATEST
crime. Probable cause is required before and arrest is made and is based on the
totality of the circumstances.
QUESTION 6
identify elements of a lawful arrest - ANSWERS-"- an arrest may be made by a
peace officer or private person
- the arrested person must be taken into custody, in a case and in the manner
authorized by law
- an arrest may be made by actual restraint of the person, or by the person's
submission to the officer's authority
- reasonable force may be used to make an arrest, prevent escape or overcome
resistance "
QUESTION 7
differentiate between arrest and a detention - ANSWERS-"An arrest is the taking
of a person into custody, in a case and in the manner authorized by law. Custody is
the key word; it implies the person making the arrest has full control.
A detention or stop is an assertion of authority that would cause a reasonable
person to believe they are not free to leave. A detention is limited in scope,
intensity and duration."
END OF
PAGE
4